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'What if Anwar lodges report against Saiful?'
Published:  Aug 12, 2008 11:05 AM
Updated: 5:30 AM

vox populi big thumbnail ‘Using Syed Hamid Albar's logic, we would end up with two witnesses who can't be charged, so both charges would have to be dropped.'

On 'If consensual, why charge me only?'

Judge Judy: Syed Hamid Albar's reasoning for this selectively imposed charge seems very strange coming from a trained lawyer.

Section 377B is very specific - anyone caught with their pants down performing a sexual act against the order of nature with another person is liable to be charged for an offence.

The protection of the criminal who is the first to lodge a police report does not make any sense.

The fact that he is a witness and therefore cannot be charged makes even less sense.

If this were the case, then Anwar Ibrahim could quite easily choose to make police reports of sodomy, whichever way around, against Najib, Syed Hamid, Abdullah Badawi, Mahathir, the AG, the IGP, and any one else in government.

In the natural course of Malaysian criminal investigations, everyone else would be charged without question whilst DSAI would be invited to sit on the sidelines, secure in the knowledge that the Royal Malaysian Police Force would afford him total protection.

Bearing the above possibility in mind, what would now happen if DSAI were to lodge a police report against Saiful alleging sodomy (either way)?

This would certainly throw the powers-that-be into a downward tizzy, because this report would have to be considered very seriously in light of the report made by Saiful.

Maybe the result would be that both parties would turn out to be witnesses against each other - but remember, that can't happen.

Witnesses are absolved from all liability to be prosecuted. So we end up with two witnesses who can't be charged, so both charges would have to be dropped.

I'd love to be a fly on the wall if this happened, just to see the head-scratching.

Kiv T: Please can someone in the government ask this man to keep quiet? Everytime he makes a comment, he is making a fool out of the government that he represents. How can Syed Hamid comment on why Saiful was not charged?

Syed Hamid said that ‘Usually, the victim would be given protection'. Is there a victim in a consensual sex act? He probably does not speak English if he does not understand the word consensual!

I don't think I need to say much about yet another terrible comment he made.

Please Mr PM, take him out of the cabinet and please do not make me make any more comments. I feel so embarrassed to be Malaysian when we have ministers like him.

Lilian Tan:

Early reports have painted the picture of Saiful as a not-too-bright, low-achiever with high ambitions, and we have confirmation of exactly that.

The change of forced sodomy to consensual sodomy means that Saiful willingly did it (and by his own account, not just once, but several times).

Now this begs some questions - if this was indeed consensual sodomy, what could have caused Saiful to have a change of mind/heart and make a report to the police? A sudden realisation that sodomy is wrong?

Anger that he has always been at the receiving end? Or disappointment that the benefits and privileges was somewhat less than what he felt he deserved?

Honestly, I can't suggest any reasonable motive for Saiful to have made the report knowing full well that he would also be the brunt of ridicule, humiliation and potential prosecution.

I also wonder if there is a precedence for a consensual sodomy case in our Malaysian courts. My guess is that this would be a first, because no right-minded person would make a ridiculous charge like this and expect a good outcome - unless they have been given a guarantee from the highest levels of government.

After all, even most victims of rape (non-consensual sex) involving mostly women and children do not make police reports because they feel so ashamed.

Never mind that evidence shows that they were brutalised by their aggressor - most victims want to be spared the pain and humiliation of a court case even though they know they can send the sexual offender to prison.

Erik:

The way the minister answered shows exactly the quality of the government. You have a world class building, ie, Petronas Tower, but third-class people running the country.

That makes the overheads of running a country so high that, in business terms, ‘it is just not profitable at all due to the inefficiency of employing lousy people.'

Please Don't Waste My Tax Money:

I think that many are of the opinion that the trial that is now on everyone's mind and lips will be a waste of time and resources. Can an expert please advise what ‘against the order of nature' includes?

If sodomy is ‘against the order of nature', then how about oral sex? If a VIP is caught on tape committing this offence and confesses to it, then will he be charged in court or will someone in authority selectively come to his defence with a creative excuse ?

On Umno ordered to pay RM218 mil

Millionth Citizen: Confucious says ‘Never give a sword to anyone who does not know how to dance'. This was what happened to Mahathir when he passed over the helm to Abdullah.

Look what has happened - he is not only besieged with all the problems of the nation, but also Umno and now BN. In Malaysian history, this is the first time the ruling coalition is being sued and judgement has been entered against them - how disgraceful.

They won the federal election but didn't want to honour promises. Now they say it is BN hutang tak ada bayar, and not Umno. So the analogy by Confucious is correct - if a person does not know how dance and is given a sword, those standing around him are the first to get hurt.

Pak Lah is more deserving of a pillow.

Sang Kancil:

The PM denies Umno's link in the poster printing contract with the Elegant Advisory Sdn. Bhd. This is the news that really surprised me. Who is the PM to deny this?

Is he PM for Umno or Malaysia? Like many times, our sleeping PM has failed to understand his role.

When he wants to protect Umno, then he must declare himself as the Umno president, and PM whenever he wants to protect the nation.

This poster printing saga is Umno's deal. That's why the supplier brought Umno to court. Just admit it and pay off the due sum to the supplier.

Umno always wants positive credit for all those credits given to BN, and always wants to push all the dung thrown to Umno onto BN.

This is the attitude that has brought our country to the level we are today. Please learn - we the rakyat are really tired and sick of this ‘chameleon'.

On MCA attack on Anwar draws PKR's ire

Jeremy Tankh: MCA Youth chief Liow Tiong Lai seems to have started a joke. As the Bee Gees's song goes, ‘that started the whole world laughing'. But Liow should also quickly wake up and realise that, as the song also said, ‘the joke was on him'.

Almost every thinking Malaysian knows why MCA (and MIC and Gerakan for the matter) lost so badly in the last GE. What else is needed to be said?

The concept put forward by BN through Umno, MCA and MIC of communal politics along the racial lines of ‘divide and rule' are no more accepted by most Malaysian of all races. Gerakan may still have a chance, being multi-racial, if it pulls out of BN before the 13th GE.

Liow, you, as a youth leader of a party that claims to represent the Chinese, should instead focus on what the Chinese were not happy about before the last GE and strive to move the party towards what the Chinese truly want, or alternatively turn the party into a truly multi-racial one.

Kenny Gan:

MCA Youth chief Liow Tiong Lai's personal attack on Anwar is disgusting, unwarranted and full of venom and falsehoods. It also speaks of shameless hypocrisy on the part of Liow and his party.

Accusing Anwar of telling the Chinese one thing and the Malays another shows that Liow does not know what he is talking about. I've been following Anwar's speeches in his ceramah all over the country via video feeds and Anwar has been very consistent in all his speeches with the main thrust of his message to uplift the economy and uplift all races.

In any case, Anwar's audience are always multi-racial so how can he be accused of giving selective messages to different races?

Liow also accused Anwar of invoking racial politics and splitting the nation on communal lines. Isn't this rich coming from the leader of a party which thrives on racial politics and whose very structure is based on splitting the nation along communal lines?

It beggars belief as to how a mono-racial party can accuse a multi-racial party of racial politics. This is like a bald man accusing another person with a full head of hair of being bald, never mind the obvious to all and sundry.

Augustine: I was surprised the way MCA Youth Chief Liow Tiong Lai attacked Anwar Ibrahim without looking at the real facts. He has no right to describe Anwar as ‘double faced and split tongued'.

Look at your own party before you attack Anwar. The 12GE is real and has proven that Anwar really fights for the future of Malaysia and he has really changed and suffered after being put behind bars for six years.

MCA should learned lessons from the 12GE. My advice to Liow is to put your house in order first before you bad mouth other people.

On Anwar's 61st birthday wish - a big win

Aaron Yap: To those eligible voters of Permatang Pauh, please do this nation an important favour by voting for Anwar Ibrahim, and make sure that all of you send him to parliament with a big bang and a vast majority of votes!

We've had enough of all those jokers and clowns in the ruling government today!

HW Loh:

Happy Birthday DSAI! I wish Penang Pakatan State Government could declare 26 August 2008 as a public holiday to allow all people and factory employees to vote in Permatang Pauh for DSAI.

Give DSAI a very big majority and kick BN out. BN's candidate for 26 August by-election should withdraw. Don't fight - save Malaysia.

On Permatang Pauh: It's Najib vs Anwar

Walk Away:

I don't believe what I just read on your site. Lim Guan Eng is telling us that this a referendum on DSAI being made PM? Heaven help us, what is happening to our beloved Malaysia?

I just recently mentioned that I respected DAP for their stand on democracy, and now I hear Lim Junior just say that the by-election is a referendum, and by this he means he is grabbing power by crossovers. What is it all about?

Wow, five months as CM and Uncle Lim has tasted power. Maybe wants some for his papa as well. I thought we had an election, and Barisan won, and DSAI was waiting for the next election to finish off the Barisan.

No, now all PKR leaders want power, and for the sake of good governance. What type? Drop the sodomy charges, AG and IGP, and then go head hunting, thus making OP's Lalang look like OP is plucking weeds.

How lovely for the people of Permantang Pauh, that they get to choose the next government and that Lim Junior was CM.

Any more debates, Junior? Maybe ‘what is democracy', ‘how to win elections', ‘how to run a country as big as Malaysia', ‘how to fill the ministers posts', and so on.

Then, Junior, you and papa can then fight with Karpal as your leader (I say Karpal respectfully) against PAS and the hudud laws. DSAI will be in Putrajaya, renovating his office to meet Rice, Sandra and maybe even the Pope to show his international diplomatic skills and fair governance to the world.

Papa Lim and Junior, let's get real - 26 million people or more are involved. Don't think this is a game. To be sure, we know you will have ‘fair' trials and lock up some of those corrupted people, like ministers and so on. No ISA, just fair trials. Let the circus begin, ringmaster - crack your whip.

Wesley Teo:

I've been following Anwar's comic-tragedy with trepidation for some time now. Based on the available public information, including police misbehaviour and the physician's medical report among others, the case should be dropped without prejudice.

But this is unlikely to happen. The government will continue to prosecute Anwar, even though a prosecution is tantamount to persecution. The question is, why? The government now knows that its plan to frame Anwar did not go according to script, and that it was exposed.

If the government drops the case at this point, it would, in fact, be validating what its critics have been saying all along. An attempted frame up went awry.

To give the appearance that the government has nothing to do with this frame up attempt, the government must continue to let the case take its normal legal course. When the ‘not guilty' judgment is rendered, the government and all its tainted agencies will rush in to take credit.

‘You see, we've nothing to do with this. Malaysian justice is fair to everyone accused.' This, too, is yet another plot that has been in the making even since the first plot came unravelled. This is Abdullah's way of salvaging a small measure of what is left, if any, of his tattered reputation.

When that time comes, let us be wise enough not to give him and his cohorts the credit they crave.

R Rama Chandran: Knowing very well there are numerous threats on his life, Anwar should talk no more of a date in forming the government, i.e. 16 September 2008. This will only irritate and annoy the powers-that-be and make them do disastrous things that could endanger Anwar's life.

Other than a few hard core Umno members, the whole nation is for Anwar. Why worry? He will win with the highest majority ever recorded in the history of this country.

Anwar should go about his normal campaign with ease, and the supporters should be vigilant only to note and record all illegal practices and corruption that would be initiated by the Umno-lled government.

Anwar can form the PR government after his resounding victory, and that is for sure if nothing backhanded happens to him.

His first job as PM should be to release the five Hindraf members from ISA detention who brought change in and awareness of public accountability, responsibility and care for all Malaysians in this country. These five are not terrorists but saviours in this nation.

All Malaysians must pray for Anwar's safety and good health. God bless.

On 'These are revolutionary times, Chandra!'

Clarity: It is sad to note that the former PKR deputy president is wallowing in self-pity because he is not a participant in the success of the party. This is just a case of ‘sour grapes', as only recently he was seen on TV making unsavoury remarks about Anwar.

Well, the recent election results have obviously proven him wrong. Now he is criticising Anwar for not being ethical by waiting four years to make his charge. Has he become so ignorant in politics as to make such statements when the country is in such disarray?

Does he really think that the existing government is honest and ethical? When making his remarks, he forgot the most important feature that destroys his credibility, and that is that Anwar is not the one that determines the timing of his attempt to take over.

It is the people that will tell him when to do it. Without the support of the people, he would not be where he is today and, unfortunately, that is what the government has failed to understand.

Eileen:

To begin with, Dr Chandra Muzaffar, are you qualified to talk about moral credibility and ethics? You left Keadilan and Dr Wan Azizah when it was at its weakest, ie, ‘the inception period'. I would say that even you were not a responsible person.

I just wonder, are you fit to be the president of a ‘Just World Movement'? Because I don't see any uprightness in you save for arrogance.

On the eve of the last general election, you spoke mercilessly against Anwar during your interview with The Star . May I know what your intention was? Is that the way you treat your friend?

Anwar, on the other hand, when interviewed later, didn't show any anger or bitterness towards you at all. Instead, he was gracious, saying not even a word against you, to my surprise.

Dr Muzaffar, here you are again, trying very hard to tarnish Anwar Ibrahim and the party for the coming by-election. What are you up to? You should be very ashamed of yourself.

Arun: Sometimes it's a simple case of returning fire with fire. When a diseased government is heading for impending ruin, bringing down the whole country's economy to its knees, then it is perhaps better to treat it with an antidote.

Anwar's method, though tactfully aggressive, is still within the democratic boundaries, and as such he has the foresight coupled with the people's approval to remedy a critical situation.

Dr Chandra is too academic and loses the point on effective reform in emergencies! Why then do we have front and back doors?

They serve as effective methods of entry and exit, a practical purpose when alternative 'pseudo-democracy' techniques are required to play and work around daunting challenges!

Shan: Dr Muzaffar, we are faced with two questions here - a question of ethics and a question of opportunity. Ethically, a change in governance should come through the channels of purely democratic and completely unsullied elections.

But is this machinery available to us Malaysians? Can we rely on a democratic process reeking with the funk of corruption? Should we wait the next four years out pointlessly to see another one of our ballots packed and sent straight into the fire?

Or should we seize the opportunity offered to us - one that we have never gotten in the past - to see this country going places we could have never imagined? These are the questions that should be asked. This is not a question of black or white. Our world has turned grey.

On PKR sec-gen defends morality of defections

Siew Wah : The writer hits the nail on the head.

The response by the sec-general is powerful and drives home the point that during a crisis like this, where there is absolute rot in the administration of Abduallah Badawi, Anwar Ibrahim is offering himself to eradicate the rot.

However, there is one lingering fear that the corrupt justice department may charge the assured victor Anwar of sodomy again to prevent him taking his rightful place in parliament. After all, the verdict is still pending.

On Sapp unhappy with BN's delayed response

Jeremy Tankh: Sapp must understand that, under normal circumstances, the stand taken by Sapp would have never been tolerated by any political collision, even if Sapp were to be in the Pakatan Rakyat and the no-confidence vote was targeted against Anwar Ibrahim.

But prevailing political uncertainty in the country causes BN to react in an extremely cautiously way for fear that the result of any action taken may turn out to be the tip of the iceberg, and that would cause a seismic shift in the political landscape of the country.

The postponement of the decision by BN until after the Permatang Pauh by-election clearly indicates that the fate of Sapp lies in the outcome of the by-election.

If Anwar Ibrahim wins with a big majority, I believe BN will not take too drastic of action against Sapp, like removing them. Not that Sapp is still wanted by BN.

But if Anwar sneaks through the by-election with a narrow majority or (in the very unlikely situation) loses the by-election, it is almost certain that Sapp would be kicked out, because obviously they aren't wanted anymore by BN.

Instead of allowing the outcome of the Permatang Pauh by-election to determine their fate, Sapp may want to take the bull by the horns and determine the outcome of the by-election through their decisions.

On Sabah: Rights groups talking nonsense

Jennie: The writer is right in that there is a limit to sympathy. From what I read about the illegal immigrants overstaying and outnumbering the local pop in ratio of 3:1, this shows that there is no proper immigration control at the borders.

I suggest employing more police to check for illegal immigrants and to bring them to court. Since there is such a humongous number of illegals, the authorities should start repatriating them and carry out more police and navy patrols.

Yes, even in West Malaysia, locals not only have to accommodate them, but have to be wary of them to the extent of installing bars and grills, and using padlocks for all doors leading to the outside. Why make your life one big hell?

One thing good about Singapore laws is that if a local is caught employing, harbouring, or renting his premise to and illegal, he will be fined or sentenced to jail or both. The illegal can be caned too, depending on the period of or reason for overstaying.

The government must protect its own people first because the duty to your rakyat comes first. The English saying 'Charity begins at home' is very true. The high number of illegals is attributable to the increase in crime in peninsular Malaysia too.

I visited PJ recently and found the place generally cleaner. The opposition state government has done a good job of seeing to the cleaning of the whole city. Previously, I saw a lot of rubbish lying about on the roadsides and litter on the public grounds. Keep it up PKR.

Before, I was not proud to say that my parents live there. How can you be proud if the place is unclean lah ?

JKS:

Just a point of curiosity - if foreign-born, illegal immigrants make up 75% of the population (three foreigners to one local), and they are given ICs by the National Registration Department and are registered as voters, wouldn't we wake up one day to see a referendum that votes in favour of Sabah seceding from Malaysia to join the Philippines or Indonesia?

S

uch referendums to secede can happen as soon as most of them are naturalised, perhaps in the next decade. Whoever is giving them ICs and rights to vote on such a large scale without going through proper procedure should perhaps be investigated for treason.

On DOE takes landowner to court for open burning

Om Prakash: DOE is more of a showcase and a token of the so-called national environmental protection policy. What has it to say for the mass open-burning of paddy fields after the harvest season that occurs every time in Kedah?

Last year, while we were blaming the forest fires in Indonesia, the harvested paddy fields were burning in Kedah. The news about charging the landowner is just a publicity stunt, although he ought to charged as so.

But how dedicated are DOE officers? It usually is a year too late, or appears after the fact. How effective is its hotline? And how fast does DOE take to act on reported calls?

On The nightmare after a house break-in...

Extremely Irritated:

I can sympathise with Irritated. My house was also broken into a year ago, and although I did not face as much inconvenience due to the fact that no personal or bank documents were taken, the trauma and sense of insecurity that the experience would have left me with would have been the same.

I too made a police report, and although the investigating officers came soon enough, little was done, apart from taking a few pictures and having some fingerprints lifted.

I was informed that we would be updated if the prints match anything in their database, but unfortunately we never heard from the investigating officer again. Neither did I bother to pursue the matter, as I never really had faith that the case would be a priority.

For as long as six months after my house was broken into, a string of break-ins with similar modus operandi occurred in houses in my neighbourhood. This in itself shows very clearly how ineffective our crime prevention is, and how blatant and pervasive crime is today.

How come these criminals seem so confident that the cops won't catch them? What puzzles me the most is why so many crimes seem to be committed by foreigners, even Africans.

I fully understand that some of them are here on business and are students, but they seem to be generating a lot of bad publicity lately. Why do they come here and think that Malaysians are such easy targets?

Let's not solely point the finger at the police, they are probably doing the best they can given the resources that they are allocated by the government. But what is our immigration doing?

I really miss the old days during the 70s and 80s when I was growing up, and when this country was so much less complicated. I hope that whoever takes over Malaysia in the years to come, there will be improvements, especially in the crime rate.

It's really a shame when we can't feel safe in our own back yards and have to be suspicious of our foreign guests.

On Is the time right to legalise oral sex for M'sians?

OD:

The writer brings up valid points. I strongly believe that what happens in the bedroom between consenting adults, no matter how odious it may be to me, should remain there and not be brought into the public arena.

The authorities should instead put their efforts into rape cases, of which I believe there are plenty to solve and take action on.

If the authorities want to keep this law, then there has to be some consistency. For example, it's very common to see exotically flavoured condoms on sale in Malaysia.

Pardon my crudeness but if these condoms are not meant for the mouth, why then are flavours put on them? On account of this law, these products are illegal. Shouldn't the authorities ban these products?

That's just for a start. There are a lot more examples that will come up once someone starts thinking about it.

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